HOUSE BILL 119 Unofficial Copy 1997 Regular Session E2 7lr0083 _________________________________________________________________________________ By: Delegates Hutchins and Vallario Introduced and read first time: January 9, 1997 Assigned to: Judiciary _________________________________________________________________________________ A BILL ENTITLED 1 AN ACT concerning 2 Criminal Records - Acquittal by Verdict of Not Criminally Responsible - Prohibited 3 Expungement 4 FOR the purpose of prohibiting the expungement of a criminal record if the acquittal was 5 on the grounds of a verdict of not criminally responsible; making stylistic changes; 6 and generally relating to the expungement of criminal records. 7 BY repealing and reenacting, with amendments, 8 Article 27 - Crimes and Punishments 9 Section 737(a) and (d) 10 Annotated Code of Maryland 11 (1996 Replacement Volume) 12 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF 13 MARYLAND, That the Laws of Maryland read as follows: 14 Article 27 - Crimes and Punishments 15 737. 16 (a) A person charged with the commission of a crime may file a petition setting 17 forth the relevant facts and requesting expungement of the police records, court records, 18 and other records maintained by the State of Maryland and its subdivisions, pertaining to 19 the charge if: 20 (1) The person is acquitted, UNLESS THE ACQUITTAL WAS ON THE 21 GROUNDS OF A VERDICT OF NOT CRIMINALLY RESPONSIBLE; 22 (2) The charge is otherwise dismissed or quashed[,]; 23 (3) A judgment of probation before judgment is entered[,]; 24 (4) A nolle prosequi is entered[,]; 25 (5) The proceeding is placed on the stet docket[,]; 26 (6) The case is compromised pursuant to Article 27, § 766 of this Code[,]; HOUSE BILL 119 2 1 (7) The person is convicted of only one criminal act, which is not a crime of 2 violence, and is subsequently granted a full and unconditional pardon by the 3 Governor[,]; or 4 (8) The charge was transferred to juvenile court jurisdiction under § 594A of 5 this article. 6 (d) (1) Except as provided in paragraph (2) of this subsection, a petition for 7 expungement based on the following dispositions may not be filed earlier than 3 years 8 after the date of the disposition: 9 (i) An acquittal; 10 (ii) A nolle prosequi; or 11 (iii) A dismissal or quashing of a charge. 12 (2) (i) A petition for expungement based on the dispositions described in 13 paragraph (1) of this subsection may be filed earlier than 3 years after the date of the 14 disposition if the person files with the petition a written general waiver and release, in 15 proper legal form, of all claims the person may have against any person for tortious 16 conduct arising from the charge. 17 (ii) Notwithstanding the provisions of PARAGRAPH (1) OF THIS 18 SUBSECTION AND subparagraph (i) of this paragraph, a [petition for expungement may 19 not be filed earlier than 3 years after acquittal] RECORD MAY NOT BE EXPUNGED if the 20 acquittal was on the grounds of a verdict of not criminally responsible. 21 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 22 October 1, 1997.
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